W. Va. Code R. § 45-18-14

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-18-14 - Exemptions

14.1. The exemption provisions under 40 CFR part 60 , subparts Eb, Ec, AAAA, CCCC, EEEE, and LLLL are incorporated in this rule.

14.2. Temporary air curtain incinerators approved by the Secretary under the requirements of 45CSR6 that are operated for the disposal of only on-site land clearing debris (as defined in 45CSR6) are exempt from the requirements of this rule.

14.3. Temporary incinerators approved by the Secretary under the requirements of 45CSR6 that are operated for the disposal of animal or poultry remains and related pathological waste are exempt from the requirements of this rule.

14.4. Pathological waste incineration units. -- Any institutional waste incineration unit, very small municipal waste combustion unit, incinerator or combustor is exempt from the requirements of this rule: provided, that:

14.4.a. The unit burns 90% or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste or chemotherapeutic waste;

14.4.b. The owner or operator of the unit keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste or chemotherapeutic waste is incinerated;

14.4.c. The unit is subject to the requirements of 45CSR6 or 45CSR25; and

14.4.d. The owner or operator of the unit notifies the Administrator and the Secretary that the unit meets these criteria.

14.5. Any incinerator or combustor subject to 40 CFR part 60 , subparts Cb, Cc, E, Ea, O, WWW, BBBB, FFFF or MMMM is exempt from the requirements of this rule.

14.6. Any incinerator or combustor subject to 42 U.S.C. § 6925, 45CS R25, and 33CSR20 is exempt from the requirements of this rule.

14.7. Any combustor subject to 40 CFR part 63 , subpart EEE is exempt from the requirements of this rule.

W. Va. Code R. § 45-18-14